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Home Rule for Cities and Counties Under Siege

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Home Rule  for Cities and Counties Under Siege

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by Commissioner Hal Valeche

I am not certain what caused the 2017 session of the Florida Legislature to be one of the most unfriendly toward Florida's cities, towns and counties in history, but the results have put local officials throughout the state on notice that our representatives in Tallahassee should be looked at, at least for now, as potential adversaries.

My philosophy of government has always been that the government, which is closest to you, is the most responsive and understands local issues the best. The further one gets away from local government, whether it is Tallahassee or Washington, the less familiar it is with truly local matters. Our Founding Fathers all subscribed, at the risk of their lives, to this principle – rule by a Parliament and King an ocean away was inherently unfair.

Florida voters agreed with this as well when they amended the State Constitution in 1968 to delegate Home Rule authority to counties and municipalities. Prior to that, most local decisions were made in Tallahassee. This took decision-making far away from the people. It also proved unwieldy, as the Legislature, which only meets 60 days per year, was inundated by local matters. Home Rule institutionalized the idea that local governments like county commissions and city councils should be able to make laws that apply to themselves.

Now the legislature is starting to make noises about taking that authority away from local elected governments and substituting itself as the decision-maker on many local issues.  This goes against the principle that local control is the best and most responsive form of self-governance. Further, I question whether a principle enshrined in the Florida Constitution and approved by the voters, can be superseded by mere legislation.

Several pieces of legislation introduced this year aimed at establishing Tallahassee control of local issues, included House Bill 17. The bill, as drafted, would prohibit local governments from regulating practically every commercial activity. It would also strike from the books all local ordinances and laws currently in place. It would substitute the judgment of some distant legislators, most of whom are not from your hometown, for that of your local city council or county commission. I know from my experience on both bodies that my constituents are more than glad to come to our meetings and express their views, whether on development, parks, or baseball. Unless you want to start making the 6-hour drive to Tallahassee every time you wish to make yourself heard, you may not have the opportunity to speak out about things that most concern you.

For those of us, and there are many, who still believe in Home Rule, it is welcome news that House Bill 17 fortunately did not pass this year. But it did advance quite far through the legislative process before being abandoned. I'm certain it will be back next session, along with other attempts at chipping away at Home Rule authority and amassing more power in Tallahassee. If you, as I do, feel that this is a direct threat to our governing principles and to the Florida Constitution, then I hope you will make your feelings known to your State Representatives and Senators and keep local decision-making where it belongs, right here at home.

As always, if there is any way that my staff and I can assist you, please contact us at (561) 355-2201 or by email at hvaleche@pbcgov.org.

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